These Terms of Service (the “Terms”) constitute a legally binding agreement between Clave Technologies Ltd (“Clave”, “we”, “us”, or “our”) and you (“User”, “you” or “your”). These Terms govern your use of the services provided by the Clave described below and such other services that may be offered by Clave from time to time (“Services”).
By signing up to use a Clave account or Service through our mobile app (collectively the “App”), you agree that you have read, understand, and accept all of the terms and conditions contained in these Terms including our Privacy Notice, Cookie Notice, E-Sign and Electronic Communication Notice in Appendix.
Please review these Terms carefully to understand your rights and obligations, particularly regarding governing law, dispute resolution matters, prohibited activities, indemnification, disclosures and disclaimers, limitation of liability, and exclusions of consequential damages and other claims.
By accessing or using the App, you acknowledge, understand and agree that Clave does not hold, manage, or control any assets or transactions facilitated through the App. Furthermore, Clave is not responsible for the execution, settlement, or clearing of any transactions conducted via the Services. Clave acts solely as a technology provider and is not involved in the execution, settlement, or clearing of any transactions. Consequently, all risks related to such activities rest solely with you.
Important Definitions
As used throughout these Terms, the following terms have the following meanings:
"Digital Asset" means a digital representation of value, rights, or data created, recorded, or stored on cryptographic protocols or blockchain networks, including cryptocurrencies, tokens, and similar blockchain-based assets.
“Cryptocurrency” means a digital representation of a value or of a right that can be transferred and stored electronically using distributed ledger technology or similar technology.
“KYC” means Know Your Customer, comprising customer identity verification processes and procedures.
“AML/CFT” means Anti-Money Laundering and Countering the Financing of Terrorism, comprising checks and verifications conducted on customers to prevent using our Services for illicit purposes in strict observance of relevant laws and regulations.
Changes to These Terms
We may update these Terms from time to time at our sole discretion. If we do, we will notify you by updating the “Last Updated” date at the top of these Terms. You agree to review these Terms regularly to stay informed of any changes. Unless we state otherwise in our notice, all such modifications are effective immediately, and your continued access to and use of the App after we provide that notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, then you must stop using Clave App.
Eligibility
To access and use our Services, you must meet certain eligibility requirements to ensure you have the legal capacity and authority to enter into and be bound by these Terms.
Each time you access or use the Clave App, you confirm that:
You are of legal age in your jurisdiction and have the legal capacity to enter into and be bound by these Terms;
Your access to the Services has never been suspended, terminated, or restricted by us;
Entering into these Terms does not breach any contractual, statutory, or legal obligations to which you are subject;
Your access to and use of the Services: (a) complies with all applicable laws, statutes, regulations, and directives in force from time to time (collectively, “applicable laws”) and (b) does not violate, facilitate, or contribute to the violation of Applicable Laws or promote any illegal activity.
We reserve the right to assess your eligibility to access and use our Services at any time. If eligibility criteria change, we may reassess your compliance. We may also request proof of eligibility when necessary.
Account
You must register for a Clave account to use the Clave Services (a "Clave Account” or “your account”). You will need to complete certain verification procedures before you are permitted to use the Clave Services. By registering or using a Clave Account you agree and represent that you have created your Clave Account and you will use your account only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from Clave.
Clave offers a passwordless authentication method, which allows you to sign up without sharing personal data. If you choose to use this passwordless authentication, all authentication credentials will be securely stored on your device and will not be processed or shared by Clave. This approach ensures that your credentials remain private and secure.
However, please note that if you wish to access certain additional services on the platform, this passwordless authentication method may not be sufficient. In such cases, you may be required to provide additional information or use an alternative authentication method to comply with security or regulatory requirements.
We may, in our sole discretion, refuse to open a Clave Account, suspend or terminate any Clave Account, suspend or terminate the sending of Digital Assets from your account, or suspend or terminate the trading of Digital Assets in your account.
You are fully responsible for all activity that occurs under your Clave Account and ensuring that such activities comply with these Terms. Clave shall not be liable for any unauthorised access or misuse of any Clave Account.
By accessing or using the Services, you acknowledge and agree to the following obligations:
You will only transfer Digital Assets that are legally obtained and belong to you;
You will comply with all Applicable Laws;
You will ensure that any Digital Assets used with the Services are either owned by you or that you are authorised to act on them;
You will ensure that all information you provide on the App and through our Services is accurate, complete, and up-to-date;
You will maintain the security and confidentiality of your credentials, including your passwords, private keys associated with your public blockchain address, and any other related authentication information. If you believe your Account has been compromised, please contact us immediately at info@clave.team.
If you wish to delete your Clave Account, you may do so at any time by selecting the “Delete Account” option in the “Settings” section of the App. Upon deletion, all data associated with your Account will be permanently erased in accordance with Clave’s Data Retention Policy.
Use of Services
Clave is not a custodian of Digital Assets. Clave provides access to a non-custodial digital wallet (“Clave Wallet”) enabling you to manage, monitor, and exchange Digital Assets. Clave does not hold, control, or custody any Digital Assets associated with your Clave Wallet or Clave Account. You are solely responsible for the security, custody, and management of your Digital Assets and for ensuring compliance with applicable laws in using these Services. Clave shall have no liability for any losses, damages, or costs arising from your use of the Services, including but not limited to errors, omissions, or failures in execution.
Scope of Services
Your Clave account allows you to securely manage, transfer, and swap Digital Assets using the Clave App, subject to these Terms. Through the Clave App, you may:
securely store Digital Assets in the Clave Wallet;
monitor and manage holdings with real-time updates and transaction history;
facilitate transfers of Digital Assets between wallets or and to third parties; and
swap Digital Assets seamlessly via decentralised applications (DApps) and decentralised exchanges (DEXs).
Swapping Feature
The swapping feature enables you to exchange supported Digital Assets in a decentralised manner. This functionality is facilitated through integrations with independent decentralised applications (DApps) and decentralised exchanges (DEXs), over which Clave has no control.
By using the swapping feature, you acknowledge and agree that:
Clave does not execute, process, or control swapping transactions. All swaps occur directly through third-party DApps and DEXs, and once a transaction is confirmed on the blockchain, it is final, irreversible, and immutable.
The availability of specific Digital Assets for swapping is subject to change. Clave does not guarantee the continued availability of any Digital Asset for swapping and may update supported assets periodically without prior notice.
You are solely responsible for reviewing transaction details before confirming a swap. Blockchain transactions cannot be reversed, and Clave does not have the ability to recover or refund assets sent through a swap.
Clave is not responsible for third-party service providers, counterparty risks, or transaction failures. If an issue arises during or after a swap, you must directly address it with the respective DApp or DEX provider.
Swapping Digital Assets may be subject to regulatory, tax, or legal obligations in your jurisdiction. You are responsible for ensuring compliance with all applicable laws when using this feature.
Clave shall have no liability for any loss, delay, mispricing, failed transactions, or any other issues arising from your use of the swapping feature, including those related to third-party integrations.
Transaction Responsibility
All transactions made through the Clave Wallet are executed directly on blockchain networks. Clave has no control over, nor does it influence or guarantee, the execution, timing, or settlement of these transactions.
You are solely responsible for verifying transaction details before submitting a request. Once a transaction is marked as “pending” or “complete” on the blockchain, it cannot be reversed, cancelled, or modified. Clave shall have no liability for transaction errors, delays, or discrepancies resulting from blockchain execution, network congestion, or third-party services.
If Digital Assets are sent to your Clave Wallet from external wallets, the sender shall have full responsibility for ensuring the accuracy of transaction details.
Account Recovery and Security
While your Digital Assets are stored in the Clave Wallet, Clave does not control or have access to them. The security of your device, private keys, and access credentials is your sole responsibility.
Clave cannot assist in account or asset recovery unless you have enabled the optional Guardian Mechanism. This feature allows you to designate a trusted individual or entity to help recover access in case of loss.
If both your device and your guardian’s access become unavailable, recovery may be impossible, and Clave shall not be liable for any resulting loss.
Service Modifications and Restrictions
Clave reserves the right to modify, restrict or suspend access to its Services at any time, including but not limited to security concerns, compliance obligations, or breaches of these Terms. Access to certain services may also be subject to transaction limits based on your verification level, payment method, or other factors. Clave may adjust these limits as necessary without prior notice.
Withdraw Rights
You may withdraw your Digital Assets from the Clave Wallet at any time by transferring them to an external wallet or blockchain address of your choice. Clave does not impose custody, control, or restrictions on your ability to withdraw your assets.
Fees and Taxes
Clave does not charge any fees for creating an account or subscribing to its Services. Access to the core functionalities of the Clave App, including the Clave Wallet, is free of membership or subscription charges.
Transactions on the Clave Platform
When using the Clave App to transfer, swap, or perform other transactions involving Digital Assets, a Transaction Fee (“Transaction Fee”) may apply.
The Transaction Fee is calculated based on multiple factors, including the type of transaction, asset value, network conditions, and any applicable third-party costs. Before finalising a transaction, the exact Transaction Fee will be displayed on your confirmation page, allowing you to review it before proceeding.
By confirming a transaction, you expressly acknowledge and agree to pay the stated Transaction Fee, which will be deducted from the total transaction amount.
Transaction Fees are non-refundable once the transaction is submitted to the blockchain. Clave does not control or retain these fees and is not responsible for any fluctuations or adjustments that may occur due to network conditions.
Blockchain Network Fees
Transactions conducted through blockchain networks are subject to Blockchain Network Fees (commonly referred to as gas fees), which are required to process and validate transactions on the blockchain.
These fees are determined and charged by the respective blockchain network and are entirely outside of Clave’s control. Blockchain fees fluctuate based on network congestion, transaction size, and protocol updates, meaning costs may vary significantly between transactions. Clave does not set, collect, or retain any portion of these fees. It is your responsibility to ensure you have sufficient Digital Assets in your wallet to cover all applicable Blockchain Network Fees before submitting a transaction.
Once a transaction is initiated, Blockchain Network Fees are non-refundable, even if the transaction fails due to network conditions or other external factors.
Third-Party Provider Fees
Certain functionalities within the Clave App, such as swaps, fiat conversions, or integrations with decentralised applications (DApps) and decentralised exchanges (DEXs), may be facilitated by third-party service providers.
Third-party providers may impose additional fees for their services, which are set independently by them and are not controlled or collected by Clave. Before using any third-party services through Clave, you should review and understand the applicable fee structures, terms, and conditions set by those providers.
Clave is not responsible for any fees, costs, or financial obligations incurred through third-party services, nor does it guarantee the performance or reliability of these providers. By engaging with any third-party services, you assume full responsibility for understanding and accepting the associated fees and risks. For further details, refer to Section 7 of these Terms.
Taxes
You are solely responsible for determining, reporting, and paying any applicable taxes related to your use of Clave Services, including but not limited to:
Income, capital gains, transaction, or other taxes arising from the acquisition, sale, exchange, or use of Digital Assets.
Any governmental fees, duties, or levies imposed by relevant tax authorities.
Compliance with tax reporting and filing obligations in your jurisdiction.
Clave does not provide tax advice and is not responsible for calculating, withholding, or remitting taxes on your behalf, unless required by law. Where applicable, Clave reserves the right to deduct or withhold taxes from fees or payments associated with your use of the Services in compliance with legal obligations.
To ensure compliance, we recommend consulting a qualified tax professional who is familiar with the taxation of Digital Assets in your jurisdiction.
Fee Changes and Notifications
Clave reserves the right to introduce, adjust, or remove any fees associated with its Services at its sole discretion. Any changes to the fee structure will be communicated in advance via the Clave App. It is your responsibility to regularly review the published fee schedules to stay informed of applicable charges.
Third Party Services
In addition to Clave’s core non-custodial services, the following third-party services ("Third-Party Services") may be made available to users who meet specific eligibility criteria. The provisions governing each Third-Party Service apply alongside all other applicable provisions of these Terms.
These Third-Party Services operate independently of Clave and are subject to their own terms, conditions, and policies, which you must review and agree to separately before accessing them. Clave does not control, endorse, or assume responsibility for the operation, security, legality, or compliance of these services. If you do not use any Third-Party Services, this clause does not apply to you.
RainCard Integration
Clave integrates with RainCard to allow users to issue virtual and physical payment cards denominated in USD. These cards can be linked to users’ Digital Assets, enabling them to make payments both online and in person. This integration provides an additional way to utilise cryptocurrency holdings for everyday transactions. Clave does not issue or manage RainCard services, and users must review and accept RainCard’s terms before use.
Onramp Money Integration
Through its integration with Onramp Money, Clave enables users to convert fiat currencies into cryptocurrencies. Users can purchase cryptocurrencies using supported fiat currencies and transfer acquired assets to their Clave Wallet or another designated digital wallet. Clave does not process or oversee these fiat transactions; users are responsible for reviewing and agreeing to Onramp Money’s terms before engaging in transactions.
KYC/AML Verification
Users who wish to access Third-Party Services, such as RainCard or Onramp Money, via the Clave App must complete a Know Your Customer (KYC) and Anti-Money Laundering (AML) verification process, as required by those third-party providers' regulatory obligations. This verification is mandated by the regulatory obligations imposed on these Third-Party Service providers and is necessary to ensure compliance with financial crime prevention laws, including those related to anti-money laundering, counter-terrorist financing, and fraud prevention.
This requirement applies only to users engaging with Third-Party Services and does not affect access to Clave’s core non-custodial wallet features, which do not require identity verification.
To streamline compliance and enhance user convenience, Clave has implemented a single, integrated KYC/AML verification system that allows users to verify their identity once, rather than completing separate verification processes for each Third-Party Service. Instead of requiring users to undergo multiple identity checks across different platforms, Clave partners with trusted service providers to facilitate this process directly within the Clave App. This approach ensures that verification is secure, compliant, and efficient, reducing duplication and improving access to integrated services.
To achieve this, Clave collaborates with AiPrise, an independent identity verification service provider, which conducts KYC/AML checks on behalf of Clave and its integrated Third-Party Services. This partnership allows Clave to centralise identity verification while ensuring that all required regulatory standards are met, enabling seamless user access to services like RainCard and Onramp Money without repetitive verification procedures.
AiPrise Integration
To facilitate a seamless, secure, and compliant KYC/AML verification process, Clave has partnered with AiPrise, an independent identity verification service provider. Through this integration, Clave ensures that users only need to complete a single identity verification process, which can then be securely shared with multiple Third-Party Services integrated into the Clave App.
AiPrise conducts KYC/AML screenings on behalf of Clave and its integrated partners, allowing for a centralised and efficient verification process. This eliminates the need for users to repeat verification steps when accessing different Third-Party Services, such as RainCard and Onramp Money, while ensuring compliance with applicable financial regulations, fraud prevention measures, and anti-money laundering laws.
As part of this process, user agree to provide Clave and AiPrise with the information necessary for identity verification, fraud detection, and regulatory compliance, which may include, but is not limited to: full name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information.
Clave applies security and data protection measures to ensure that user information is handled in accordance with applicable privacy laws. For more details, please see our Privacy Notice and Cookie Notice.
Verification Steps for Third-Party Service Access
To access and use Third-Party Services via the Clave App, users must complete the following steps:
Sign up for a Clave account and complete the basic registration process.
Verify your identity through Clave’s identity verification service provider, AiPrise. This process includes standard security checks, such as Anti-Money Laundering (AML) screening and Politically Exposed Persons (PEP) checks, to comply with legal and regulatory requirements. You may need to provide government-issued identification and other relevant details.
Clave securely shares your verification data with the relevant Third-Party Service Provider to meet their compliance requirements. Clave does not store or process this data beyond what is necessary to facilitate the verification. Your information is managed according to the provider’s privacy policies and terms.
Once verified, you can access Third-Party Services through the Clave App without needing to complete additional identity checks. Some providers may require extra screenings before granting full access, depending on their policies.
Acknowledgement and User Responsibilities
By accessing or using Third-Party Services (Raincard and/or Onramp Service) through the Clave App, you acknowledge and agree that:
Third-Party Services operate independently of Clave and are not managed, controlled, or monitored by Clave.
Your use of each Third-Party Service is subject to its respective terms, conditions, and privacy policies. You must review and agree to these terms before accessing or using the service. RainCard’s Terms can be accessed here, and Onramp Money’s Terms can be accessed here.
All transactions, data handling, and service-related matters occur directly between you and the Third-Party Service provider. Clave is not a party to these transactions and has no oversight or influence over their terms, conditions, or operations.
Clave’s role is strictly limited to facilitating the KYC/AML verification process and transmitting user information to the Third-Party Service provider. Once transmitted, all data management, security, and retention fall under the provider’s terms and policies. Any personal information provided to Clave, including KYC data, is processed and stored in accordance with Clave’s Privacy Notice and applicable data protection laws.
Clave is not responsible for any issues, delays, losses, or damages arising from your use of Third-Party Services, including but not limited to service failures, unauthorised access, or disputes with the providers.
For any concerns, inquiries, or disputes related to Third-Party Services, you must contact the respective provider directly. Clave’s role is limited to providing an integration for your convenience and does not extend to oversight or intervention in the operations of Third-Party Service providers.
Accuracy of Data
When using Third-Party Services via the Clave App, you are solely responsible for ensuring the accuracy and completeness of the information provided during account creation, identity verification, and transaction initiation.
You confirm that all information provided is accurate, complete, and authentic. You agree to promptly update any information that changes and authorise Clave to conduct inquiries, directly or through third parties, that we consider necessary to verify your identity or protect against fraud or other financial crimes. We reserve the right to monitor, review, and disclose any information as required to comply with applicable laws, regulations, and legal requests.
Prohibited Use of the App
By accessing or using the Services, you agree to refrain from any activities that fall under the following prohibited uses (collectively, “Prohibited Uses”). The examples provided below are illustrative and not exhaustive. If you have questions about whether a particular activity violates this section, please contact us at info@clave.com. Clave reserves the right to restrict or terminate access to the App if we suspect that you have engaged in Prohibited Uses.
By using our Services, including third-party services accessible through the Clave App, you agree not to:
Engage in activities that violate any applicable laws, regulations, or directives, including but not limited to anti-money laundering (AML) laws, counter-terrorist financing (CTF) laws, and international sanctions programs.
Use the Services for any illegal, fraudulent, or unauthorised purposes, including but not limited to: (i) conducting or promoting unlawful gambling, fraud, or extortion; (ii) facilitating or conducting the sale or purchase of illegal goods or services; and (iii) misrepresenting your identity or providing false or misleading information.
Take any actions that could damage, disable, overload, or impair the functionality of the App, or interfere with other users' ability to access or use the Services.
Attempt to gain unauthorised access to any part of the App, bypass security measures, or disrupt the integrity or operation of the system.
Risks
Engaging with digital assets through the Clave App involves inherent risks. By using the Services, you acknowledge and accept the following:
Blockchain technology and Digital Assets may be subject to regulatory scrutiny, changes, or actions by government authorities, which could impact your ability to access or use the Services. Clave is not liable for any consequences arising from such regulatory actions.
You acknowledge the risks associated with decentralised and blockchain-based transactions, including, but not limited to, technical failures, cybersecurity vulnerabilities, hacking attempts, and the potential loss of Digital Assets. Clave provides tools to facilitate interactions with blockchain networks but does not act as an intermediary, fiduciary, or agent in your transactions.
Digital assets are subject to rapid and unpredictable fluctuations in value, which may lead to significant financial losses. Clave makes no guarantees regarding the stability, appreciation, or value of any digital asset you purchase or hold. You bear all risks related to transactions involving digital assets, and Clave is not responsible for any resulting losses.
You may withdraw your digital assets to another blockchain address at any time; however, transactions may be subject to delays, system outages, downtime, or technical limitations beyond Clave's control. Transactions initiated through the Clave Wallet are done at your own risk. Clave cannot guarantee the performance or functionality of third-party blockchain networks, decentralised applications (DApps), decentralised exchanges (DEXs), or any other external services. Transactions may remain incomplete, delayed, or unconfirmed on third-party networks, and Clave is not liable for any issues arising from such transactions or failure to transfer ownership or rights to digital assets.
The ownership and use of Digital Assets carry the risk of theft, hacking, unauthorized access, and other malicious activities. Despite Clave implementing industry-standard security measures, no system is entirely immune to vulnerabilities. Bugs, technical defects, or vulnerabilities may affect the performance of the Wallet or App. Users are not entitled to recourse, refunds, or compensation for any losses arising from these incidents.
The Services are provided “as-is” without any warranties regarding their performance, accuracy, or reliability. In the event of system failures, defects, or interruptions, there may be no available remedies or compensation. By using the Services, you accept these risks and agree that Clave is not liable for any damages, losses, or disruptions resulting from your use of the platform or digital assets.
Any pricing data, market information, or other data provided through the Services is for informational purposes only. It does not constitute an offer, solicitation, or recommendation to engage in any transactions, nor does it constitute financial, investment, or legal advice. Clave makes no guarantee regarding the accuracy, completeness, or timeliness of such information.
Data Protection
Clave is committed to protecting your personal data in compliance with UK GDPR and other applicable regulations. Any personal data you provide while using the App will be processed in accordance with our Privacy Policy, which outlines how we collect, use, store, and protect your information, as well as your rights regarding your data.
By using the App, you acknowledge and consent to Clave’s collection, processing, and use of your personal data for purposes including account creation, service functionality, compliance with legal obligations (e.g., KYC/AML verification), and improving user experience.
To ensure secure identity verification and regulatory compliance, Clave shares relevant data with trusted third-party service providers, including AiPrise, RainCard, and Onramp Money. These providers process data independently, and we recommend reviewing their Privacy Policies to understand their data handling practices. For more information about the types of data we collect, the purposes for which we use it, and your rights to access, correct, or request the deletion of your personal information, please refer to our Privacy Notice.
Intellectual Property Rights
All content available on the App, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and App, as well as the selection, arrangement, and presentation of such content (collectively, “Content”), is the exclusive property of Clave, its affiliates, or its partners. This Content is protected by applicable copyright, trademark, and other intellectual property laws.
You agree that you will not:
Copy, distribute, reverse-engineer, modify, sell, license, publicly display, or create derivative works from any Content without prior written consent from Clave; or
Systematically extract or re-utilise any part of the App or its Content, including but not limited to the use of data mining, data crawling, robots, or similar data gathering and extraction tools, without prior written consent from Clave.
Additionally, you must not create or publish any database that incorporates substantial parts of the App or its Content without express written consent from Clave.
The graphics, logos, icons, and service names displayed on the App are trademarks or trade dress of Clave. You may not use, copy, or imitate these trademarks or trade dress without prior written consent from Clave. Prohibited uses include, but are not limited to:
Use in connection with unauthorised products or services;
Use likely to cause confusion among users; or
Use that could harm or dilute Clave’s reputation.
Unless explicitly stated otherwise, all persons (including names and images), third-party trademarks, logos, and images of third-party products, services, or locations featured on the App are not affiliated, associated, or linked with Clave. All third-party trademarks and intellectual property displayed on the App are the property of their respective owners.
Third Party Links and Contents
The App may contain links to third-party websites or services. These links are provided solely for your convenience, and Clave does not control, endorse, or assume responsibility for: (i) the availability, legality, or legitimacy of the content, products, or services offered by third-party websites; (ii) the accuracy, completeness, or reliability of information on these third-party websites; or (iii) any loss or damage arising from your use of or reliance on third-party websites, resources, or services.
You acknowledge that accessing third-party websites or services is at your own risk. You are solely responsible for reviewing their terms and conditions, as well as privacy policies, before engaging with them. Clave does not guarantee the quality, accuracy, or reliability of any third-party content or services accessible through links provided on the App.
Disclaimer of Warranties
The Clave App and Services are provided on an “as-is” and “as-available” basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, Clave disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Clave disclaims all warranties, express or implied, regarding third-party services, including but not limited to their availability, functionality, security, or suitability for your purposes. Your access to and use of these third-party services is entirely at your own risk.
Clave makes no representation or warranty that:
access to the App or any part of the Services, including communications with third-party service providers, will be continuous, uninterrupted, timely, or error-free;
the App or Services will meet your requirements or expectations;
any data or information made available through the App will be accurate, reliable, complete, or current; or
the App, Services, or the servers hosting them will be free from viruses, malware, or other harmful components.
While Clave makes reasonable efforts to ensure the functionality and accuracy of the App and Services, we do not guarantee that all features or data will be error-free, uninterrupted, or available at all times. You acknowledge and agree that, from time to time, the Services may be inaccessible or inoperable due to factors including, but not limited to:
Equipment, App, or infrastructure issues, whether on Clave’s end or with third-party providers;
Routine maintenance, upgrades, or repairs conducted by Clave or its third-party partners;
Network disruptions or other technical limitations affecting blockchain infrastructure;
Issues with third-party service providers or partners; or
Events beyond Clave’s reasonable control, such as force majeure events.
Furthermore, Clave is not responsible for the accuracy, completeness, or timeliness of any pricing, historical data, or other information related to digital assets displayed on the App. You are solely responsible for verifying the accuracy of such information before making any decisions based on it.
While Clave will make reasonable efforts to process transactions involving your Clave Wallet in a timely manner, Clave does not guarantee the speed, timing, or successful completion of such transactions. The success and timing of transactions depend on factors beyond our control, including blockchain network conditions, third-party service providers, and your device or internet connection.
Indemnity
You agree to defend, indemnify, and hold harmless Clave, its affiliates, directors, employees, representatives, agents, service providers, partners, and subcontractors from and against any claims, actions, proceedings, losses, damages (including actual and consequential damages), expenses, and costs (including, but not limited to, court costs and reasonable legal fees) arising from or in connection with the following, without limitation:
Your access to or use of the Services, including any interactions with third-party services or providers accessible through the App;
Your breach of these Terms or any applicable law, regulation, or policy;
Your violation of any rights of third parties, including intellectual property rights;
Any actions you take that may cause harm to Clave or its users, including unauthorised transactions or technical disruptions;
Providing false, incomplete, misleading, or inaccurate information to Clave, particularly during the KYC/AML verification process;
Any misuse of the Services, including actions that breach these Terms and result in damages to Clave, other users, or third parties;
The cancellation or termination of any transactions that result in a negative account balance or other financial discrepancies;
Personal data breaches caused by your actions or negligence;
Security vulnerabilities or breaches caused by your actions, including but not limited to failure to secure your account, private keys, or access credentials, leading to unauthorised access or loss of assets. You further agree to indemnify Clave against any claims or demands arising from your breach of these Terms, violation of any law or regulation, or infringement of third-party rights.
Clave, its employees, agents, affiliates, service providers, and subcontractors shall not be liable for any claims arising out of:
modifications to the Services not performed by Clave;
your use of the Services contrary to Clave’s instructions;
your use of the Services after receiving notice of alleged or actual infringement; or
your breach of these Terms.
Limitation of Liability
Except to the extent that liability cannot be limited or excluded by law, Clave shall have no liability for any loss of profits, loss of business, wasted expenditure, depletion of goodwill and/or similar losses, loss or corruption of data or information, or any special, indirect or consequential loss, costs, damages, charges or expenses.
Clave shall be no liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:
the use of, or inability to use, the App or Services, including restricted access, interruptions, or technical malfunctions;
any reliance on content or information displayed on the App, including inaccuracies, omissions, or delays in digital asset price data or its transmission;
loss, corruption, or misuse of data resulting from hardware, App, or third-party services;
viruses, malicious App, or other harmful content accessed through the App or linked websites;
the functionality, security, or operation of blockchain protocols or crypto assets supported on the App, over which Clave has no control;
any actions taken in relation to your Clave account, including suspensions, terminations, or other account-related measures.
Without limitation of any provision of these Terms, in the event that Clave is found liable under these Terms, the aggregate liability of Clave (together with our directors, managers, officers, employees, attorneys, agents, representatives, suppliers, or contractors) shall not exceed the amount of fees paid by you to Clave, if any, in the two (2) month period immediately preceding the event giving rise to the claim for liability.
Termination and Suspension
Either party may terminate these Terms at any time by providing written notice to the other party. Upon termination, your access to the Services and all associated usage rights will terminate immediately.
Clave reserves the right, at its sole discretion, to suspend or terminate your access to any or all Services, or to cancel your account with immediate effect. Clave is not required to disclose the reasons for such actions.
Clave may monitor your use of the Services and the App to ensure compliance with these Terms, specifically clauses 3, 4, 6, and 7. Any violation of these clauses constitutes a material breach of these Terms and may result in the suspension or termination of your access to the Services and/or the deactivation or cancellation of your account, effective immediately.
Termination of these Terms will not affect any rights, remedies, obligations, or liabilities accrued by either party up to the date of termination, including the right to claim damages for any breach of these Terms that occurred prior to or on the date of termination.
Any provision of these Terms that is expressly or by implication intended to come into effect or continue in force after termination shall remain in full force and effect.
General Provisions
Entire Agreement. These Terms, the Privacy Policy, E-Sign Disclosure and Consent Policy incorporated by reference herein comprise the entire understanding and agreement between you and Clave as to the subject matter hereof, and supersedes any and all agreements, promises, assurances, warranties, representations and understandings between you and Clave, whether written or oral, relating to the subject matter of these Terms.
Assignment. We reserve the right to assign our rights and obligations under these Terms without restriction, including but not limited to any Clave affiliates, subsidiaries, or any successor in interest of a business associated with the Services. In the event that Clave is acquired by or merged with a third-party entity, we retain the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign or transfer any rights or licenses granted to you under these Terms. Any attempted assignment or transfer by you in violation of this provision shall be null and void. Subject to the foregoing, these Terms will bind and benefit the parties, their successors, and permitted assigns.
Severability. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced. Our failure to insist upon your strict compliance with any term or provision of these Terms shall not be construed as a waiver for you to not comply with such term or provision.
Survival. Any provisions of these Terms that, by their nature, are intended to extend beyond the termination or expiration of these Terms shall remain in effect after the termination or expiration of these Terms.
Force majeure. Clave shall not be in breach of these Terms nor liable for delay in performing, failure to perform, or interruption of Services, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Waiver. These Terms shall not be construed as waiving any rights that cannot be waived under applicable laws. In addition, our failure to insist upon or enforce strict compliance by you with any provision of these Terms, or to exercise any right under these Terms, including any delay in taking action, will not be construed as a waiver of our right to assert or rely upon any such provision or right in that or any other instance.
Governing law. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter, or their formation, will be governed by and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
How to contact with us
If you have any questions or comments about these Terms, you may contact us via email at info@clave.team.
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